Put . Because is the maximum on ,
The preceding part makes this a strictly positive random interval with probability one. A standard Brownian motion cannot have this path property. For each deterministic , the Brownian reflection principle gives . Taking the countable union over shows that the probability of staying nonpositive on any initial interval of positive length is zero.
Therefore is not a Brownian motion. This is the obstruction for Brownian motion shifted at its finite-horizon maximum. It concerns its path law, irrespective of any proposed filtration for the shifted process.